Stubb’s Class Action Says Marinade Isn’t Really ‘All-Natural’

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A class action lawsuit claims Stubb’s marinade labeled as “All-Natural” actually contains artificial ingredients that consumers don’t expect.

Plaintiff Larry Weigand of Illinois alleges Stubb’s Soy, Garlic and Pepper All-Natural Marinade is deceptively labeled as “All-Natural.”

In fact, the marinade actually contains citric acid and xanthan gum, ingredients Weigand says are synthetic.

According to Weigand, xanthan gum is a synthetic thickener made by fermenting bacteria and a carbohydrate, then sterilized and dried using alcohol. Federal regulations identify xanthan gum as a synthetic substance, he claims.

Citric acid comes from fermenting sugar with black mold, then treating the results with sulfuric acid, Weigand claims. He says the FDA has sent at least one warning letter advising the recipient company that adding citric acid to a food products precludes it from being described as “natural.”

In his Stubb’s class action lawsuit, Weigand claims that neither he nor any reasonable consumer would know that xanthan gum or citric acid are not natural. Nor would they expect to find synthetic ingredients in any product labeled “All-Natural,” he says.

Weigand believes Stubb’s is taking advantage of consumers’ increasing interest in products that contain no artificial ingredients. Such products are perceived as being healthier and not as potentially harmful, he says.

By labeling its marinade as “All-Natural,” Stubb’s generates sales to consumers who wouldn’t otherwise buy its sauces if they knew about the allegedly synthetic ingredients they contained, according to this Stubb’s class action lawsuit.

Stubb’s uses the alleged deception to get consumers to pay more than they would if they knew the real nature of the product’s ingredients, the lawsuit states.

Weigand says that on at least one occasion he purchased a bottle of Stubb’s Soy, Garlic and Pepper All-Natural Marinade from a store in Illinois. He says that he bought the product on reliance of the “All-Natural” indication on its label.

Had he known the product was not actually “All-Natural,” Weigand says he either would not have purchased it or would have paid less for it.

The Stubb’s class action lawsuit raises two claims – one claim for violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, and a common law claim for unjust enrichment.

If certified as proposed, Weigand’s plaintiff Class will include all Illinois citizens who purchased Stubb’s Soy, Garlic and Pepper All-Natural Marinade for their own use in the last the five years.

He seeks Class certification, appointment of himself as Class representative, and appointment of his attorneys as Class counsel.

The plaintiff also seeks an award of damages and restitution, and reimbursement of court costs and attorneys’ fees, all with pre- and post-judgment interest.

Weigand is represented by Matthew Armstrong of Armstrong Law Firm LLC, David C. Nelson of Nelson & Nelson Attorneys at Law PC, and Stuart L. Cochran of Cochran Law PLLC.

The Stubb’s “All Natural” Class Action Lawsuit is Weigand v. One World Foods Inc. d/b/a Stubb’s Legendary Bar-B-Q, Case No. 3:16-cv-01168, in the U.S. District Court for the Southern District of Illinois.